Abdul Azeez vs Kunnathunadu Taluk Primary Co- ...
2024 Latest Caselaw 6093 Ker

Kerala High Court

Abdul Azeez vs Kunnathunadu Taluk Primary Co- ... on 23 February, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 23RD DAY OF FEBRUARY 2024/4TH PHALGUNA, 1945
                 WP(C) NO. 6891 OF 2024
PETITIONERS:

    1    ABDUL AZEEZ,
         AGED 56 YEARS,
         S/O HASSAN,
         PIRAMBILIKUDI HOUSE VENGOLA P.O,
         CHELAKULAM KARA,
         ERNAKULAM, PIN - 683554
    2    BUSHARA,
         AGED 50 YEARS,
         W/O ABDUL AZEEZ,
         PIRAMBILIKUDI HOUSE VENGOLA P.O,
         CHELAKULAM KARA,
         ERNAKULAM, PIN - 683554

         BY ADVS.
         RAFEEK. V.K.
         R.RAJASREE (CHUTTIMATTATHIL)
         U.M.HASSAN
         SALMAN FARIS


RESPONDENTS:

    1    KUNNATHUNADU TALUK PRIMARY CO- OPERATIVE
         RURAL DEVELOPMENT BANK LTD. E 92,
         REPRESENTED BY ITS SECRETARY,
         PERUMBAVOOR, ERNAKULAM, PIN - 683542
    2    AUTHORIZED OFFICER,
         KUNNATHUNADU TALUK PRIMARY CO- OPERATIVE
         RURAL DEVELOPMENT BANK LTD. E 92,
         PERUMBAVOOR,ERNAKULAM, PIN - 683542

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 23.02.2024, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.6891/2024
                                 :2:




                          JUDGMENT

Dated this the 23rd day of February, 2024

The petitioners, who have availed a Housing

Loan of ₹17,89,348/- from the Kunnathunadu Taluk Primary

Co-operative Rural Development Bank, has filed this writ

petition seeking the following reliefs:

"i) To call for the records leading to Ext.P4 and quash the same.

ii) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondent Bank to provide instalment facility for repayment of overdue amount for the loan availed by the petitioners.

iii) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondent to give fifteen monthly instalment facilities for the repayment of the due amount and to regularise the loan amount."

2. The petitioners seek instalment facility for

repayment of overdue amount. The petitioners had already

approached this Court filing W.P.(C) No.33628 of 2022 and

this Court as per Ext.P2 judgment dated 10.01.2023,

granted the petitioners the following reliefs:

"Accordingly, there will be a direction to the respondent bank to accept repayment of the entire overdue amount of ₹12,76,042/- (Rupees Twelve lakhs seventy six thousand and forty two only) along with bank charges from the petitioners and regularise the loan account of the petitioners in the following manner:-

(i) The overdue amount of ₹12,76,042/- (Rupees Twelve lakhs seventy six thousand and forty two only) along with any accrued interest and charges shall be repaid in fifteen equated monthly instalments;

(ii) The first instalment shall be paid on or before 20.01.2023 and the subsequent instalments shall be paid on or before the 20th day of each succeeding month;

(iii) Petitioners shall continue to pay the regular EMI's/instalments along with the instalments directed above;

(iv) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law;

(v) In order to enable the petitioners to repay the entire amounts, all coercive proceedings shall be kept in abeyance."

3. The judgment was passed on 10.01.2023. Now,

the petitioners seek payment of overdue amount in

instalments.

4. Once this Court has interfered in the matter and

passed Ext.P2 order, any modification in the instalments will

have to be through a Review Petition.

Granting liberty to the petitioners to move Review

Petition in Ext.P2, the writ petition is dismissed.

Sd/-

N. NAGARESH JUDGE SR

APPENDIX OF WP(C) 6891/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE SALE NOTICE DATED 24.09.2022 ISSUED BY THE RESPONDENT BANK Exhibit P2 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 33628/2022 DATED 10.02.2023 Exhibit P3 TRUE COPY OF PAYMENT RECEIPT DATED 19.01.2023 Exhibit P4 TRUE COPY OF NOTICE DATED 28.11.23